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All Journal Rechtsidee Jurnal Daulat Hukum Ajudikasi : Jurnal Ilmu Hukum Publik (Jurnal Ilmu Administrasi) Hasanuddin Law Review Syntax Literate: Jurnal Ilmiah Indonesia DE LEGA LATA: Jurnal Ilmu Hukum Bina Hukum Lingkungan NUSANTARA : Jurnal Ilmu Pengetahuan Sosial International Journal of Supply Chain Management JURNAL MERCATORIA Legal Standing : Jurnal Ilmu Hukum Awang Long Law Review Unes Law Review Jurnal Muara Ilmu Sosial, Humaniora, dan Seni Jurnal Al-Dustur JUSTISI Era Hukum: Jurnal Ilmiah Ilmu Hukum Jurnal Ilmu Hukum KYADIREN Progressive Law Review Jurnal Hukum Adigama JURNAL USM LAW REVIEW Jurnal Suara Hukum Academia Open Jurnal Scientia Indonesian Journal of Law and Economics Review Jurnal Hukum Lex Generalis SUPREMASI Jurnal Hukum Indonesian Journal of Legality of Law Devotion: Journal of Research and Community Service Indonesian Journal of International Law JOURNAL OF HUMANITIES, SOCIAL SCIENCES AND BUSINESS (JHSSB) Law Development Journal The International Journal of Politics and Sociology Research Az Zarqa': Jurnal Hukum Bisnis Islam Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) International Journal Of Economics Social And Technology Indonesia Law Review (ILREV) Journal of Law, Poliitic and Humanities Bina Hukum Lingkungan Edunity: Kajian Ilmu Sosial dan Pendidikan Jurnal Indonesia Sosial Teknologi Jurnal Indonesia Sosial Sains Journal of Business, Management and Social Studies Ranah Research : Journal of Multidisciplinary Research and Development Riwayat: Educational Journal of History and Humanities LamLaj Journal of Health Education Law Information and Humanities Jurnal Serina Abdimas
Ariawan Gunadi
Faculty of Law, Tarumanagara University
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Astronomy Automotive Engineering Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Immunology & microbiology Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Medicine & Pharmacology Neuroscience Physics Public Health Social Sciences Transportation Other

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ANALISIS KONSEPSI ASAS FIRST TO FILE DALAM PEMBATALAN MEREK TERDAFTAR (CONTOH KASUS: PUTUSAN KASASI MAHKAMAH AGUNG NO. 999 K/PDT.SUS-HKI/2019 DAN PUTUSAN PENGADILAN NEGERI NO. 15/PDT.SUS-MEREK/2015/PN.NIAGA.JKT.PST) Michelle Nathania; Ariawan Gunadi
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10621

Abstract

With the development of the industry, the use of advertising to introduce products has also grown. Trademarks are intellectual property rights that are used to identify goods and services of a company. By using the brand, the entrepreneurs can protect their brand. Trademark law is regulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. In the registration of a mark, it is known as the first to file principle. In this system, registrants are required to register in order for their trademarks to be protected. This system confirms that the person who registers the mark for the first time is the one who has the right to the mark. In the first to file principle, there are often differences in interpretation where judges in deciding cases have different interpretations. The first to file principle also often collides with well-known brands. This study aims to determine the extent of the interpretation of the first to file principle in the trademark registration system in Indonesia and to determine the suitability of judges' judgments in relation to the Trademark Law No. 20 of 2016 concerning trademarks and geographical indications.
TINJAUAN TERHADAP PELAKSANAAN RESTRUKTURISASI KREDIT PERBANKAN Budi Prana Prasetyo; Ariawan Gunadi
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.10851

Abstract

According to Law No.1 of 1998 regarding Banking Law, one of the functions of a bank is to channel funds to the public in the form of credit and / or in other forms. In channeling bank credit, there is always a probability that a risk may occur. The most common risk that occurs in bank credit is Non-Performing Loan (NPL). When the debtor did not meet the performance demanded in the credit agreement, then NPL will occur. The policies that are often taken to resolve the high NPL ratio is by restructuring credit structure against debtors who still have prospects for repayment and confiscate collateral objects against debtors who have no prospects for repayment. The existence of the Covid-19 outbreak has made economic conditions experience a slowdown, the Bank as one of the drivers of the economy cannot be separated from this impact. Due to Covid-19, to cope with a risk of a simultaneous increase in NPLs, OJK as the institution that has the authority in the field of regulation and supervision of banking activities issued POJK 11/2020 regarding stimulus policies in dealing with the impact of Covid-19. The policy includes determination of asset quality and credit restructuring. The stimulus policy applies to banking financial services institutions, and is aimed at debtors whose businesses are affected. From this research we can conclude; some differences in the arrangements regarding restructuring under normal circumstances and restructuring due to Covid-19, factors that hamper the implementation of restructuring.
TANGGUNG JAWAB NOTARIS TERHADAP AKTA YANG DIUBAH SECARA SEPIHAK (CONTOH KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 146/PDT/2018/PT.BDG.) Michelle Starla Ongko; Ariawan Gunadi
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i2.6915

Abstract

Renvoi is the changes that was made before the deed was signed by the parties. There is quite a difference between a change in the deed, which are made before signed and the change after signed. Whereas if the change was made after signed, the change must be made in the presence of the parties, witnesses, and the public notary, reported in an official statement of the event and give no regarding the matter to the original copy of the deed with notification of the date and number of the correction. If a Notary does not do as provided in the renvoi procedure, it may result in the deed being considered inauthentic. And could result in one of the party to suffer a loss in the foreseeable future and it could serves as a legal basis to claim compensation, damages plus interests and to be put on the public notary’s responsibility. Based on the example of the present case in Supreme Court Decree No. 146 / PDT / 2018 / PT.BDG, in the making of a rent-to-hire deed,  there is a difference between the original copy of the deed which are not similar with the copies that are given  to the respective parties. The original copy of the deed is full of correction scribbles, replacements, inserts, additions, and overlays, which are definitely not typing mistakes. Thus, the public notary has violated Article 48 of the Public Notary Act No. 2 of 2014.
TINJAUAN KETEPATAN PUTUSAN HAKIM DALAM MEMUTUS PERKARA SENGKETA MEREK TERHADAP PEMBATALAN MEREK TERDAFTAR PERTAMA BERDASARKAN PUTUSAN MAHKAMAH AGUNG NOMOR 375 K/PDT.SUS-HKI/2020 Jessica Candakentjana; Ariawan Gunadi
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10558

Abstract

At this time, Intellectual Property Rights plays an important role in this industry. In the world of commerce, a brand is a form of intellectual property rights that has an important role because a brand is used to distinguish the origins of a product and service. Trademarks as a form of intellectual work play an important role in preventing unfair competition so that trademarks must be registered. The registration of trademark is a form of legal protection that creates legal certainty, so Indonesia adopts a constitutive system which determines that trademark rights can only be protected by the law if they are registered. Legal protection of trademark in Indonesia is only given to trademark owners who register their trademarks for the first time, in the principle, first-to-file. However, Budiman Tjoh as the owner who register the trademark for the first time did not feel the protection of trademarks on the first to file principle. The method used in this study is using normative legal research methods. The purpose of this study is to find out the legal protection of a first registered mark. The research data shows that the judge in deciding the trademark dispute is not right, because The judge prefers to consider that a trademark registered long after the Defendant's mark was registered is a well-known mark than consider the principle of first-to-file and the provisions stipulated in the Trademark Law, such as the stipulation on the time period for filing a lawsuit for cancellation. 
PERLINDUNGAN HUKUM TERHADAP DATA KESEHATAN MELALUI PENGESAHAN RANCANGAN UNDANG-UNDANG PERLINDUNGAN DATA PRIBADI Endison Ravlindo; Ariawan Gunadi
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.18028

Abstract

The development of an increasingly sophisticated era, now personal data has become a commodity that has a high economic value that must receive proper and optimal protection in the practices that exist in society. Some of the regulations regarding the protection of personal data in Indonesia have regulated this, but have not been able to face the challenges that arise regarding the problems that occur. Where this makes the creation of legal certainty as one of the objectives of the law itself. There have been a number of cases that have occurred in recent years, namely the alleged leakage of public personal data that was hacked by third parties irresponsibly for unilateral gain. In this case, because there is no specific and comprehensive regulation that accommodates the protection of personal data itself. In this study, it is intended to examine how legal protection is according to current positive law and according to the Personal Data Protection Bill.
ANALISIS PENERAPAN ASAS PACTA SUNT SERVANDA DALAM PERJANJIAN YANG TERDAPAT KLAUSULA ARBITRASE APABILA ADANYA GUGATAN KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG Darren Andreas; Ariawan Gunadi
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10564

Abstract

The arbitration clause was born from the agreement of the parties in making the agreement and this arbitration clause must be made in writing. With the arbitration clause the parties have agreed that if a dispute arises in the future between the parties, the dispute is resolved through an arbitration institution that has been agreed in the agreement, This is confirmed in Article 3 of the Law on Arbitration and Alternative Dispute Resolution which states that the district court is not authorized to adjudicate disputes between parties that have been bound by an arbitration agreement. However, Article 303 of the Bankruptcy and Suspension of Debt Payment Obligations Law states that a commercial court. So that the problems discussed in this thesis are What is the position of the arbitration clause in event of a bankruptcy lawsuit and delay in debt payment obligations and How is the application of the pacta sunt servanda principle to bankruptcy cases and postponement of debt payment obligations in the arbitration clause. The research method in this thesis uses the method normative research supported by interview data. Data The results showed that although the parties had agreed to resolve their dispute through arbitration, one party more often submitted a dispute to the commercial court.
ANALISIS HAK ATAS MEREK SEBAGAI AGUNAN DALAM PEMBERIAN KREDIT BANK Raymond Kusuma; Ariawan Gunadi
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10569

Abstract

The use of intellectual property as collateral in providing credit in Indonesia began, where Article 16 of the Creative Economy Law states that the Government facilitates intellectual property financing schemes. The Right to Trademark is part of intellectual property rights, however the recommendation of the Right to Mark in the MIG Law as an object and guarantee is not explicitly written down. Therefore, it must be examined regarding the existence of the Right to Mark as an Object and can be used as a guarantee. Then, if the Right to a Mark is used as an object of guarantee, then the regulation regarding the existing legal structure in which a brand that has unpredictable characteristics will have a fast and easy stability in executing the mark. Referring to this problem, the author uses the normative juridical method. The results of the analysis show that the Right to Mark is an object, that is, with the type of movable and intangible object due to the nature of the material, the Right to Mark can be guaranteed and become a general guarantee in Article 1131 of the Civil Code. Trademark rights, if used as collateral, still give the impression and are not friendly to the bank. Currently, the Appraisal Agency can make an assessment of the economic value of the Right to Mark, but only for transactional purposes not for collateral or auction.
TINJAUAN YURIDIS TERHADAP STATUS HUKUM DAN PERLINDUNGAN HUKUM DARI PEKERJA KONTRAK NON PEGAWAI NEGERI SIPIL (PEKERJA HONORER) BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Antonius Ferry Bastian; Ariawan Gunadi
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 2 (2020)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v18i2.9819

Abstract

After the enactment of the ASN Law causes uncertainty and there is no certainty the status of honorary staff, because the ASN Law only mentions 2 (two) categories as in Article 6, which consists of civil servants and PPPK. This has an impact on the position of Honorary Workers in the staffing system in the ASN Law becomes unclear because in the ASN Law. Article 6 discusses that "ASN employees consist of civil servants and PPPK" based on Honorary Workers who are not currently PPPKs. Based on this background, the following problems were formulated: What is the legal status and legal protection of temporary workers not included in civil servants under the Ministry of Energy and Mineral Resources? The research method used in this thesis testing proposal is a normative legal research method. In theory, honorary staff have been eliminated or eliminated by related regulations such as the ASN Law. However, it cannot be denied that the honorary workforce is still valid and still exists within government agencies, one of which is the Ministry of Energy and Mineral Resources. The legal status only uses the term, which can be seen in the law can be prepared with freelance workers who are not approved for its sustainability. Legal protection given by the government to honorary staff is a difference, if previously the government was still half-measures in providing protection for issues of granting and protecting work rights for employees not being fulfilled full, given in this provision the position of honorary workforce is eliminated and changed to PPPK.
Theoretical Review on Indonesian Academic Legal Education in Conjunction with ASEAN Economic Community Era Gunadi, Ariawan
Indonesia Law Review Vol. 4, No. 3
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Indonesia will be welcoming the ASEAN Economic Community in 2015 as a multilateral agreement to create integrated regions such as: (a) a single market and production base, (b) a highly competitive economic region, (c) a region of equitable economic development, and (d) a region fully integrated into the global economy. These characteristics are interrelated and mutually reinforcing in a sense that overall development would not be complete without total completion of the previous sector. This article discusses the participation of Indonesia as part of ASEAN as a single market and production base, through free flow of services which targets higher education in law. The author researched that Indonesian higher education system still faces issues, especially in legal education. Compared to other states that manages higher education in a relatively guided term, Indonesian legal education is still regulated generally by the government, operated by state and private educational entity, and further trained by profession organization. Indonesian legal education standard has not been supported by proper accreditation bureaucracy from BAN-PT or fair treatment from the government between state and private university. As a result, the quality of Indonesian law graduate still varies. Indonesian legal education is special in nature since it is considered profession and regulated by code of ethic. According to the author, legal education should be integrated with profession organization so that upon graduation, law graduates can directly conduct internship according to their desired profession and compete against ASEAN law graduates.
TANGGUNG JAWAB KEJAHATAN INSIDER TRADING YANG DILAKUKAN TERHADAP PERDAGANGAN SAHAM DI PASAR MODAL (CONTOH KASUS JOUSKA INDONESIA) Anthony Willyus Wongkar; Ariawan Gunadi
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Insider trading is a crime in the capital market which is detrimental to the existence of the capitalmarket itself. The practice of insider trading is expressly prohibited through Republic of Indonesia’sLaw Number 8 of 1995 concerning the Capital Market which categorizes the practice of insidertrading as a crime. Insider trading is said to be a form of crime because of an unfair position intrading transactions. Insiders could gain profits and or avoid losses from trading results using theirinside information that af ects trading prices (materials information). Investors who follow anef icient market will be disadvantaged because trading has occurred before information about anissuer is published. Therefore, the law prohibits both company insiders or their partners who havebusiness relations as well as securities companies who have previously known material informationof a company to properly safeguard the information and not conduct any transactions for personalgain. In the history of insider trading in Indonesia, there has not been a single case of insidertrading that has been dragged to litigation. In the case of Jouska Finansial Indonesia, there was anallegation of insider trading practices that harmed his own clients. For these losses, it is hoped thatthe party responsible for the losses suf ered by the victims can be determined.
Co-Authors Agustin, Dila Wahyu Alberta, Alberta Alexander Arcelino Gunadi Amad Sudiro Ambarita, Dicki Candra Amrie Firmansyah Andre Kiemas Anthony Willyus Wongkar Antonius Ferry Bastian Aprilia, Indah Siti Aulia, Riska Awuy, Euginia Nataniela Ayu Puspita Sari Baehaqi Bianty, Thisia Bondan Cahyadi Budi Prana Prasetyo Calvita Candra, Marvin Carsnelly, Eileen Cendranita, Ivannia Chandra, Edwin Chandra, Yulius Charomain, Mochammad Imam Christina, Nadya Christopher David Nagaria Claudia, Zulian Clementino Moningka, Yosia Cornelia Alpha Daniel Daniel Darren Andreas Dave Chrysander Defilania, Oktri Dewi Rahma Dewi Wulandari Dharmasetya, Lani Ekaratri, Azkia Elysia Wilhelmina Rengkung Endison Ravlindo Evelyn Fahri, Achmad Febrianto, Rizky Ferdinandus Zulvacar, Nathanael Ezekiel Fionita, Jessica Frederick Septian Tuwan Fredrik Siregar, Aristoteles Gerhard Frisca Delicia, Nadya Frisca Frisca Grace Priskilla Suwanto Graciella, Eunike Gumintang, Galuh Gilang Gunardi Gunardi Gunawan, Berry Hakim, M. Rizky Aulia Harjanto, Devy Yulyana Hasan, Laura Kurniadi Herman Joseph Hummerson, Laureen Aurora Ilyasa, Farhan Hamka Irma, Febriana Jennifer Jennifer Jessica Candakentjana Jessica Jessica Joeliant, Hanz Bryan Juan Davis Elhanan Kamil, Renita Kevin Veronica Halim Khanifa Fauziah Khantidevi Lukmadi, Fionna Khutub, Muhammad Kiemas, Andre Kurniawan, Cicelly Chiesa Lestari, Novianti Lina Kristie Yonathin Lisa Putri Utami Loka, Silvia Lukita, Hans Made Aubrey Josephine Angelina Mahardhika, Dutasena Mahieu, Feybiola Cecilia Makawowor, Chelsea The Marchel Thobie Maria Cecilia Nugroho Marshella Cenyvesta Martheo, Felicia Martono Martono Matheus, Juan Mayvians, Tidelstein Melani Harly Melvina Michelle Nathania Michelle Starla Ongko Michelle, Grace Bernadette Mingga, Britney Wilhelmina Berlian Mita, Ermita Ekalia Monica Blazinky Muhammad Abdurrohim Muhammad Awal Alishakur Muhammad Theo Rizki Putra Muzacky, Ahmad Nadhea Tungga Devi Naftalie, Livia Aurelia Nagaria, Christopher David Nugroho, Hizkia Ivan Oping, Timothy Farrel Pagrelia, Yuda Tri Panji Ramadhan Paramitha, Chintya Lie Pascal Amadeo Yapputro Pasyah, Rabbil Arya Petrosina Matauseja Huka, Christia Prasanti, Nandani Bayu Puspa Hartanto, Adinda Puspita, Lidya Putri, Amanda Fitriani Eka Putri, Amelia Natalie Putri, Destia Liana Putri, Pricilia Dwi Anggreni Putri, Qonita Rizqi Iffani Raymond Kusuma Reyza Julianda Mahabati Ricky Ricky Rimandita, Tiffani Rizki, Muhamad Abdul Jamil Rohaya, Nizla Salim, Gerardus Aldo Samudra, Muhammad Bima Samuel, Maria Gabriela Samuel, Yoel sari, nike kumala Shahan, Akbar Helmie Nur Shasmita, Sylvia Stephanie Patricia Prasetyo Suwinto Johan Sylvia, Sylvia Tanera, Lauren Teddy Francis Theresia Wijaya Tsabita, Nabilla Mahva Vanessa Widjaja Vianka, Maria Ibella Vina Octavia Vincent Vincent, Vincent Vivi Heniasy Wanibe, Kenji Dustin Wonohadidjojo, Christopher Howard Yanuar Putra Erwin Yolanda, Maureen Keisha Yudha, Ivan Tirta